Revolutionary War Pension and Bounty Land Warrant Application File R. 3490, David Fenn, Conn

SERVICE
NUMBER
born
Fenn, David
R. 3490
CONTENTS

State of Connecticut
Probate Court } p. District of Woodbury
On this 9 th day of Octobr 1833. personally appeared in open Court before the Court of Probate for the district of Woodbury held at Woodbury in Litchfield County now sitting. David Fenn, a resident of Roxbury in the County of Litchfield and State of Connecticut, aged seventy one years, who being first sworn according to Law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed June 7, 1832.
That he entered the service of the United States under the following named Officers and served as herein stated.
In the month of March 1777. my father James Fenn was bound to do military duty, in the garrison at Mil- ford Connecticut, at West Point; and in March of said year I took his place in said Garrison, as a substitute for him. Lieut John Prudden then commanded, said Fort. I continued to do duty as a private and substitute for him James Fenn, until the 9 th day of January 1778. when I was sixteen years old. I then enlisted as a private in said Fort for two years, Capt Benjamin Hine commanded at that time, and I continued to do duty in said fort as a private until 10 th January 1780. I was constantly employed in the fort and in guarding the coast adjacent without interruption. Lieut John Prudden commanded said Fort until about close September 1777.
Benjamin Hine was then appointed to command the

Fort and took command 26. September 1777. as appears by minutes in the comptroller's office at Hartford. I enlisted into said garrison when Heine commanded it. Capt. Heine commanded until Feb. 1779. when Capt. Peter Hepburn was appointed to command. I served under Hepburn. He was in command when I left the Fort. in January 1780. No higher officer than Captain commanded while I was there.
I was born at Milford Connecticut. 9 th January 1762. and have a record of my age in my family Bible. I continued to reside at said Milford until 1792 when I removed to Roxbury where I have since resided and now reside -
I am acquainted with Rev. Joseph Harrison. Isaac Leavworth
of Roxbury. I have spent much time in looking for testimony to prove my service, but can find only Samuel B Smith whose deposition is annexed who can testify as to the length of time I served. Benjamin Tinn was in the same Fort. with me but cannot state the exact time of my service.
I did not receive any written discharge when I left the Fort.

The said David Fenn hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any State. Sworn to, and subscribed, the day and year aforesaid.
Thos B Phelps Judge of Probate Dist Woodbury David Fenn
We, Forster Harrison a clergyman, residing in the town of Roxbury and Grace Seawall residing in the same, hereby certify, that we are well acquainted with David Fenn who has subscribed and sworn to the above declaration; that we believe him to be 71 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion. Sworn and subscribed, the day and year aforesaid.
Forster Harrison Grace Seawall Thos B Phelps Judge of Probate District of Woodbury
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Forster Harrison who has signed the preceding certificate, is a clergyman, resident in the town of Roxbury and that Grace Seawall who has also signed the same, is a resident in the town of Roxbury and is a credible person, and that their statement is entitled to credit.
Thos B Phelps Judge of Probate District of Woodbury
Ebenezer M Phelps Clerk of the Probate for the District of Woodbury
whereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of David Fenn for a Pension.
In testimony whereof, I have hereunto set my hand and seal of said Probate Office, this eleventh day of October 183 3
Ebenezer M Phelps Clerk of Probate for the District of Woodbury

Acts of July 14, 1862, and March 3, 1863.
2490.
Can
P. O. _____
Harold Fenn
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
Recognized. _____
Contract. _____
Cart. of Dis. _____
Searched for _____
, 18

David Fenn, born, Oct. 1832
Scarsdale
1832
Conn

David Fenn
Gov.
In U. S. H. P. Press
Oct. 17 1837
See letters to Hon. Jeremiah Smith, March 3 d 1846. N. Ber. Aug 20/46
Connecticut
Rev.
Act 7. June 1832
David Fenn
Suspended
Letter to
C. B. Phelps
Nov. 9. 1833
same - May 30 th 1834
same 7 August 1834

July 10. 1846.
Rev.
David Fier.
18
J. L. Edwards law of Pensions Washington D. C.

New Milford (ct) July 6. 1846
Sir
I have been applied to by David Surn to obtain for him a pension under the act of 1832 to which I think he is entitled from the information I can obtain from him, but I understand he has previously made application in 1833 or '34 without success
Will you do me the favor to send me a copy of his declarations made on that occasion and the accompanying proof?
Very Respectfully Your Obedt Servt A. Perry
Hon. J. L. Edwards Comm. of Pensions

War Department Pension Office August 7 th 1832,
Sir The certificate of the Comptroller shows how well founded the doubts were which have been heretofore expressed as to the service stated in the papers of David Fenn. Agreeably to the intimation contained in my letter of the 9 th Nov 1833 & 30 th May 1834 nothing short of positive and direct proof of his service will justify the belief that Mr Fenn's service was not for a very temporary period - there being so many individuals surviving who served at Milford. His own various statements are so contradictory and unsatisfactory as to afford no basis for the allowance of his claim. The papers remain on file. I am respectfully your ob t serv t
J. L. Edwards
C. B. Phelps Esq Woodbury Count

J. L. Edwards
J. L. Edwards Comm n of Pensions
Phelps Esq. ~ was during Count
Nov 29 1834 I received at the post office at New York a letter from Mr. C. C. Lee to me, dated Nov 28 1834 and in which he informs me that he has just received a letter from Mr. C. C. Lee

Nov 29 1834
Finn say. but I
received at the Waverly of art.
20 only had have.
afford by
Depo Mr Finn. Nov 4
Depo Finn B Smith - Milford
Finn Smith now dead
Finn Smith now dead.
John Stone
Milford 90 yr
Mr Clark with
in capital
G. B.
he began under
Washington Hept...
W. H. Phelps Esq. New Haven Conn
Yours Affectionately J. A. D. [?]
J. J. Edwards

War Department Pension Office November 9, 1833
Sir,
The statement in David Fenn's declaration that he enlisted for a term of two years in the Fort in Milford is not consistent with the course of the service in the State Troops of Connecticut. From the testimony of Samuel B. Smith, it is probable that the claimant served a short time in that Fort. There are so many survivors who allege service under Capt. Mine and Capt. Hepburn, that service under them may be fully supported by evidence. The papers are placed on file, awaiting satisfactory explanation and proof —
I am respectfully Your Obdt. Servt.
J. L. Edward
C. B. Phelps Esq. Woodbury Conn.
from L. Edward Jan 1834 was with Fenn n. 179298

3490
J L Edwards Comm. of Parsons
Dear
C. B. Phelps Esq. Woodbury Connecticut
Your very the following nine were in the list with him
 Mr. Tom  John D Smith  John Trubel  John Trubel  Mr. Clerk  Mr. Parlin  Stephen Stone  John Stone  Newton Morris  Joseph Smith  John Stone  Abner Smith  Dr. Smith 

3490
J. Edwards Comm. of Persons
C. B. Phelps Esq. Woodbury Connecticut
Yours
Yours say the following men were in the fort with him Am Farn Sam D Smith Sam Farnis + Sam Hine + Mr Clerk + Sam Parker + Stephen Stone + John Stone + Newton Morris + Theop. Smith + John Stone + Wheeler Gillette + B. Smith +

D, Fm
H.C. Atwood
Port pond tile
Congreg sit
go to Milford see Thury & Mc have many journals mss. Puddon term under them & end before before Jan 1780.
Hon Perry Smith Senate US
1777 m
At Puddon See West Fort at Camp Summer
Timeline cont'd Jan 1778
Timeline cont'd July 1778
Timeline cont'd Sept 1777
Timeline cont'd Dec 1779
Then after November
See when they were most of the time
Rept 101
1781 like they have a 6' 10" 1781
Harkness 100
See when they were most of the time
See when they were most of the time

War Department, Pension Office,
May 30: 1834.
Sir,
I have again examined the paper in the case of David Fenn, and have particularly attended to his amended or supplemental declaration, but find in it nothing that will justify the admission of his claim. The statement of the applicant is too vague and indefinite to be received without additional proof.
The records in the Comptroller's Office will undoubtedly furnish ample evidence of the services of Braden, Hine, and Hepburn, who had, necessarily, the command of the Office of the post, which under the Department's views, necessary in this case. In the mean time, the applicant must state the number and duration of his engagements, and the periods of each. The papers are placed on file.
Very respectfully,
J. M. D. P.
J. Edwards
C. B. Phelps Esq., Woodbury, Connecticut

State of Connecticut
Probate Court District of Woodbury
October 19 1832
Be it remembered that on the day and year aforesaid personally appeared in said Court Benjamin Fann of Middlebury in New Haven County whom the Court certify to be a credible witness and on oath declares and says as follows. "That I am well acquainted with David Fann formerly of Milford in said County now of Roxbury in Litchfield County. said have known said David from infancy. know In the month of Sept 1779 I entered the Fort at Milford on that point as a private soldier and continued to do duty as a private in the garrison there established until about the first of May 1780. since that David Fann aforsaid entered into said garrison as a private at the same time and continued doing duty as a private therein as long as I remained in said Fort. Simon Newcomb Pocumbe was commander of said Fort
Benjamin Fann
Sworn before me
A. D. Phelps Notary Public of Probate

That in the month of September 1778 the Deponent enlisted in the fort at Milford and did service there until the month of April 1779, and that when first entering on duty he found David Fenn there of Milford in Hampshire County near of Roxbury in the County of Middlesex, doing service there
The Deponent continued to serve with the said Fenn from the month of September 1778 until the month of April 1779, at which time the Deponent left the Fort and left him the said David Fenn in service there
How long the said David Fenn continued to serve the Deponent has no means of knowing
The Deponent is a Pensioner under the act of 1832 —
William Fenn wife.
Both Deponents

State of Connecticut
Court of Probate
District of Woodbury
July 16 th 1834
Be it remembered that on the day and year aforesaid personally appeared in said Court David Linn of Roxbury in Litchfield County in said District who being first duly sworn and sworn on oath declares by way of supplementary declaration and in addition to the former original supplementary declaration in said Court by him made for the purpose of obtaining the benefit of the act of Congress of the 7 June 1832 entitled "an act supplementary to the act for the relief of certain surviving officers and soldiers of the Revolution"
That as to his first term of Service previous to 9 Jan 1778. He did not make any contract of enlistment not owing duty by the force of his own contract but in performance of his fathers contract or draft. as a substitute for him
That he is not now

able to specify or enumerate the contracts by of enlistment by him made after January 1778. with more accuracy than he has done in his former supplementary declaration. Except upon the reading of the minutes of the Council of Safety herewith transmitted. he recollects that after his further time of service Capt. Hine requested him to enlist and urged as a reason that he would be better the applicant would be better off with him in the fort than out of it where he would be subject to be drafted and marched away. and that he would better stay with him as long Capt. Hine as long as he time stayed. and that the applicant signed the enlisting roll or book. in company with many others. but the exact length of time for which he then engaged he cannot now state And that when Hine left the command of the fort and it devolved on Capt. Hepburn. Hepburn required the applicant to re sign the enlisting roll again. but for how long a time he cannot now say but not to a period beyond the first Jan 1780.
The applicant has

a clear and perfect resolution of the fitting up the Whale Boat with a prize in her bow. and mentioned in the minutes of the Council of Safety and that he was then on duty in said Port. and remembers that the Whale Boat was a prize of a Vineyard Boat
The affiant further says that he has continued his duties for further proof. Since making his last declaration. but can find none but the certificate herewith transmitted
Sworn & subscribed in court.
David Ferr
John Strong Jr. Judge
Court of Probate District of Woothing. July 16 th 1834
I Thomas Dole Clerk of the Court of Probate hereby certify that the above & foregoing contains the

Supplementary proceedings before said court on the 16 th day of July 1834 in the matter of the appointment of James Tenn for a Passim under the act of Congress then in maintenance
In testimony whereof I have hereunto set my hand and the seal of said court on the day and year aforesaid
Thomas Bull, Clerk
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

Deborah Linn
Reply to
W. B. Phelps
Brooklyn Co.

David Ghenn
Reply to Chas B. Phelps Esq. Woodbury Connect

State of Connecticut, County of New Haven Probate District of Milford Ss. —
At a Court of Probate held at Milford within and for the Probate District of Milford on the 23 d day of September 1833.
Connect William Strong Judge
Personally appeared in open Court Samuel B. Smith of said Milford aged 78 Years who being duly sworn deposes and says. that in the Spring of the Year 1777 he enlisted for one year in the Garrison at the Fort in said Milford and served said year in said Fort and in guarding the Coast along the Sound near said Milford, a part of which year was served under Lieut. John Budden and a part under Capt. Benjamin Hinman that in the Spring of the year 1778 he enlisted for one year in said Garrison under said Capt. Benjamin Hinman and served said year in said Fort at said Milford and in guarding the Coast on Long Island Sound. the aforesaid service was constant and not periodical
Deponent further deposes and says that David Turner late of said Milford, and now of Roxbury in Litchfield County in said State, served in said Garrison at said Fort in Milford, with me, as a substitute for his father James Turner of said Milford, under Lieut. John Budden for a short time; and also under Capt. Benjamin Hinman for a length of time, which I am unable to state with precision but according to my best recollection he served

under said Prudder and Him for more than one year in manner aforesaid — and further deponent saith not — Samuel B. Smith
I David L. Palmin Clerk of the Court of Probate for the District of Milford do hereby Certify that the above deposition was attested to, and signed in open Court —
In testimony whereof I have hereunto set my hand and seal of office this 23 rd day of September 1833 —
David L. Palmin Clerk
State of Connecticut Probate District of Mil- ford Sept r 23 rd 1833 — I William Strong Judge of the Probate Court for said District do hereby certify that David L. Palmin whose signature is to the above deposition is Clerk of said Court and has the keeping of the records of said Court, that full faith and credit are due to his official acts, that the foregoing is the seal of the said Court and that the foregoing attestations are in due form —
Samuel B. Smith the deponent is personally known to me to be a man of truth, and veracity, and his statements are entitled to full faith and credit
William Strong Judge of Probate

Davis Fern. 27.526 Connecticut
Superior
Reply to H. B. Phelps Esq Woodbury Conn

of Connecticut.
Probate Court - District of Woodbury
December 16. 1833.
On this 16 th day of December 1833. personally appeared in open court before the Court of Probate for the District of Woodbury, now sitting David Fenn of Roxbury in said District and State of Connecticut aged 71 who being first duly cautioned and sworn according to Law on his oath makes the following Supplementary declaration in said Court in order to obtain the benefit of the act of Congress passed June 7. 1832.
That while acting as a substitute for his father, he clearly recollects that Hine succeeded Prudden in the command of the fort in September 1777.
That as to the enlistment for a term of two years - the Deponent does not mean to be understood one term of enlistment alone, but that by renewed enlistments as often as the last expired, he procured a continuation of them and of actual service for two years.
He has made diligent search for further proof and has procured the accompanying deposition of Benjamin Fenn which proves actual duty though it does not cover the whole term of service.
He recollects distinctly to have been at the fort when Hine succeeded Prudden, in September 1777, and when Stephens succeeded Hine in February 1779, and particularly the latter from the installations of Hine to him.

Then to accompany him to New London where Capt Hine was ordered
He recollects among those who were in service with him at the fort, the names of Benjamin Tunn, Samuel B. Smith, Samuel Tunn, Samuel Hine, William Clark, Jerry Parker, Stephen Stow, John Stow, Newton Morris, Theophilus Smith, Wheeler Gillett, Joseph Smith of whom Benjamin Tunn, Samuel B. Smith, and Theoph- ilus Smith are alone surviving. The Depositions of the two former he has already obtained and the recollections of the latter are so indistinct as to render him no assistance —
Sworn and Subscribed
David Tunn
Before me Edw. M c Phelps — Clerk of the Court of Probate for the District of Woodbury
State of Connecticut
Probate Court District of Woodbury
December 17. 1833
I Edw. M c Phelps Clerk of the Court of Probate for the District of Woodbury, hereby certify that the foregoing contains the supplementary proceedings, had in this Court in the matter of the application of David Tunn for a Pension
In testimony whereof I have hereunto set my hand and the seal of the said Court at Woodbury on the day and year aforesaid
Edw. M c Phelps, Clerk

State of Connecticut } New Haven County } To Middlebury Decemr 16. 1833.
Be it remembered that on the day and year aforesaid personally appeared before Leonard Bronson Esquire a Justice of the Peace within and for said County duly commissioned and sworn Benjamin Fenn of said Middlebury, who is a credible witness & who being first duly cautioned and sworn, on his oath declares and says, that in the month of September 1778 the Deponent enlisted in the Fort at Milford and did active service there until the month of April 1779, and that when first entering on active duty, he found David Fenn then of Milford in Fauquier County, now of Roxbury in the County of Litchfield, doing service there.
The Deponent continued to serve with the said Fenn from the month of September 1778 until the month of April 1779; at which time the Deponent left the Fort, and left him the said active David Fenn in service there. How long the said David Fenn, continued to do duty the Deponent has no means of knowing
The Deponent is a Pensioner under the act of 1832. Benjamin Fenn
Sworn and subscribed
Before me Leonard Bronson Justice of Peace

State of Connecticut } Probate Court } for Woodbury District December 16 th 1833
I, Eran McPhelps Clerk of the Court of Probate for the District of Woodbury, do hereby certify that Leonard Bronson Egle, whose signature, is now affixed to the foregoing Deposition, and was made in my presence, and known by me to be genuine, was at the time of subscribing the same and is now a Justice of the Peace within and for New Haven County, duly authorized to administer Oaths and do such other acts and things as appertain to the office of a Justice of the Peace —
In testimony whereof I have hereunto set my hand and the seal of said Court at Woodbury, this day and year above written —
Eran McPhelps Clerk

Deceased Enlistment Supplemental Declaration That as to the enlistment for a term of two years The Deponent does not mean to be understood, only great- only one enlistment, but by renewed enlistments, as often as the last expires, he promised a continuous enlistment and of service for of two years -
The Deponent He has made diligent search for more further proof, and has procured the accompanying disposition of Benjamin Fenn, which though it does not cover the whole term of service proves actual duty though it does not cover the whole term of service -
The Deponent He recollects distinctly, to have been at the Fort when Hine succeeded Prudden in Sept. 1844 and when Stephen succeeded Hine in Feb. 1847 - and particularly the latter, by the fact from the solicitation of to accompany him to New London  to accompany him to New London Capt. Hine. was ordered. He recollects of among those who were in service with him at the fort the names of Benjamin Fenn, Sam B. Smith, Sam T. Smith, Sam H. Hine, Wm. Clark Jerry Parker -
of whom B. Fenn, S. B. Smith & Stephen Smith are alone surviving - The Depositions of the two former he has already obtained and the recollections of the latter are so indistinct as to render him no assistance

mode of proceeding
1. Confusion as false. Time & place 2. Harman & Dreyer & not then 3 Alibi
call on Sec. as to carry Kibb's back.
Home. now coming
In proof of not there. The services before he arrived at the military age and While acting as a substitute for his father - and not clear - but he he recalls clearly recollects, that during that term of duty, when succeeded P. in the command of the fort - in Sept 1877 -